Bennet, Hickenlooper, Luján Demand Trump Administration Comply with Injunction to Ensure Prompt Approvals of Wind and Solar Energy Projects

Aug 27, 2026 | Press Releases

Denver - Colorado U.S. Senator Michael Bennet, a member of the Senate Agriculture, Nutrition, and Forestry Committee's Rural Development and Energy Subcommittee, led Senators John Hickenlooper (D-Colo.) and Ben Ray Luján (D-N.M.) in a letter to Interior Secretary Doug Burgum to demand that the Department of Interior (DOI) comply with a preliminary injunction to ensure covered wind and solar permitting reviews are conducted promptly without illegal bureaucratic roadblocks.

In July 2025, the DOI released an order requiring Secretary Burgum's personal approval for routine wind and solar energy project permitting decisions, which led to massive delays in power projects across the West. In November 2025, Bennet, Hickenlooper, and Luján sent a letter demanding answers to the DOI's order and highlighting its harmful effects to energy prices and reliability, but never received a response.

In April 2026, the U.S. District Court issued a preliminary injunction to prohibit the DOI and its officials from applying the July 2025 order and other internal DOI orders that make wind and solar permitting processes needlessly delayed and difficult while the court case proceeds. Since then, numerous wind and solar developers report that DOI personnel have illegally continued to force project applicants to repeatedly document and prove their eligibility for these court protections.

"[…] Applicants also report that DOI staff have received little or no internal guidance regarding implementation of the Court's injunction. These reports are not isolated or short-lived: developers continue to describe these delays more than three months after the injunction took effect, indicating an ongoing pattern of noncompliance rather than a transitional implementation issue. DOI's actions are creating severe regulatory uncertainty, threatening to permanently sideline projects at a time when Western families, farmers, and businesses are facing rising energy demand and higher costs," wrote the senators.

"Western states depend on reliable and affordable energy to keep our grid secure and our economies competitive. Wind and solar are the least expensive and fastest-to-deploy sources of new electricity generation available. Dragging out permitting timelines in direct violation of a federal court order is not only illegal, but it also needlessly stalls private investment and drives up household energy costs. Furthermore, your recent testimony before the House Natural Resources Committee, where you reportedly rejected the premise of the ruling and called it "absurd" for a judge to dictate internal processes, raises concerns. While DOI has the right to appeal, it is legally obligated to comply with the injunction. Moreover, impeding the deployment of the lowest-cost energy sources directly undermines the administration's stated goals of unleashing American energy and ensuring affordability," continued the senators.

Bennet has continuously fought to protect funding for Colorado's energy projects and condemn partisan project reversals under the Trump administration. In July 2026, Bennet joined Democratic Senate Leader Chuck Schumer (D-N.Y.) and Senators Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jeff Merkley (D-Ore.), and the entire Senate Democratic caucus in demanding that Director Vought immediately rescind the Office of Management and Budget's proposed power grab over federal grants and awards. In May 2026, Bennet joined Senator Brian Schatz (D-Hawaii), Schumer, and 18 of their Senate colleagues to introduce legislation to protect public scientific research and reports from the influence of political and special interests.

In October 2025, Bennet issued a statement following the Trump administration's targeted cancellation of billions of dollars in funding for energy projects across the country. That same week, Bennet led the Democratic Colorado Delegation in demanding answers from Secretary Wright on the Department of Energy's abrupt cancellation of $7.56 billion in energy project funding, including over $600 million in funding for 38 Colorado-affiliated projects. Additionally, Bennet joined Murray, Heinrich, and 34 Senate colleagues in sending a letter demanding that Secretary Wright and Director Vought restore funding for all 223 energy projects in Democrat-led states that were unlawfully canceled. In November 2025, Bennet also demanded answers from Secretary Burgum on DOI's recent order requiring Secretary Burgum's personal approval for routine wind and solar energy project permitting decisions.

The text of the letter is available HERE and below.

Dear Secretary Burgum:

We write to express serious concerns regarding reports of the Department of Interior's (DOI) failure to fully comply with the U.S. District Court's April 21, 2026 preliminary injunction in Renew Northeast v. U.S. Department of the Interior, No. 1:25-cv-13961 (D. Mass.). In November 2025, we sent you a letter with questions regarding one of the DOI memos addressed in the case, but never received a response. While this injunction took immediate effect and remains in force, reports from industry participants raise serious questions regarding whether DOI has fully complied with the Court's injunction.

As you know, the Court's injunction explicitly prohibits DOI and its officials from applying the DOI Review Procedures Memorandum, the Wind and Solar Fish and Wildlife Service database Ban, Section 4 of the DOI Land Order, Section 4(c) of the U.S. Army Corps of Engineers Memorandum, and M-Opinion 37086. The Court clearly intended for the covered wind and solar permitting reviews to proceed to timely decisions without these needless bureaucratic roadblocks. Yet, wind and solar developers continue to report that DOI personnel are forcing covered project applicants to repeatedly document and prove their eligibility for these protections, despite the fact that plaintiffs previously provided DOI with a list of covered members. Applicants also report that DOI staff have received little or no internal guidance regarding implementation of the Court's injunction. These reports are not isolated or short-lived: developers continue to describe these delays more than three months after the injunction took effect, indicating an ongoing pattern of noncompliance rather than a transitional implementation issue. DOI's actions are creating severe regulatory uncertainty, threatening to permanently sideline projects at a time when Western families, farmers, and businesses are facing rising energy demand and higher costs.

Western states depend on reliable and affordable energy to keep our grid secure and our economies competitive. Wind and solar are the least expensive and fastest-to-deploy sources of new electricity generation available. Dragging out permitting timelines in direct violation of a federal court order is not only illegal, but it also needlessly stalls private investment and drives up household energy costs. Furthermore, your recent testimony before the House Natural Resources Committee, where you reportedly rejected the premise of the ruling and called it "absurd" for a judge to dictate internal processes, raises concerns. While DOI has the right to appeal, it is legally obligated to comply with the injunction. Moreover, impeding the deployment of the lowest-cost energy sources directly undermines the administration's stated goals of unleashing American energy and ensuring affordability.

To ensure compliance with the law and restore certainty to energy developers and Western stakeholders, we request answers to the following questions:

1. Internal Guidance - What types of written internal guidance or implementation instructions regarding compliance with the Court's injunction has DOI provided to staff? Please provide copies of any implementation memoranda, directives, guidance documents, training materials, emails, or other instructions on this topic. If no such materials exist, explain what alternative measures DOI has taken to ensure consistent compliance throughout DOI;
2. Applicant Identification - What instructions has DOI provided staff for identifying plaintiffs and their members? Please provide communications to DOI staff and explain the steps that DOI is taking to minimize duplicative verification procedures.
3. Permitting Progress - What steps has DOI taken since the Court injunction to ensure that covered permitting reviews are proceeding to timely agency action? Please identify, by bureau or office where practicable, the number of covered permitting reviews that have advanced since entry of the Court's injunction, including consultations completed, biological opinions issued, permits or other authorizations issued or denied.
4. Stalled Reviews - Which covered permitting reviews remain paused or materially delayed following entry of the Court's injunction? Please provide a list and explain the specific reason for any such delay, including whether it is related to eligibility verification, lack of implementation guidance, application of one of the court-blocked policies, or some other basis. The lists from questions 3 and 4 should add up to the total number of permitting reviews under consideration by DOI between April 21 and now.

We respectfully request a written response to these questions no later than September 1, 2026. We urge you to follow the law and comply with federal court orders to ensure that federal permitting supports, rather than undermines, an affordable and secure energy future.

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